Sharing custody of a child will present challenges from time to time that require parents to figure out how to work together in order to avoid conflict. Compromising and presenting a united front to a child is the healthiest way divorced and unmarried parents can navigate the issues that arise with shared parenting, and allow the child to have the fullest relationship possible with each parent. However, some parents, due to ideological differences or simple animosity, have great difficulty interacting with each other and making decisions related to the child in a productive manner. Continuous conflict between parents is frequently damaging to the child, and courts can put safeguards in place to minimize the opportunities these parents have to engage in protracted arguments. While judges are reluctant to completely eliminate a parent’s time with his/her child, assuming there is not an issue that presents a danger to the child, that does not mean courts will not structure when and how parenting time is exercised to control a contentious situation. Parents generally cannot completely lose the right to see and exercise control over their child unless these rights are voluntary surrendered or terminated by a court. However, Indiana does have mechanisms in place, which will be explored below, that are meant to neutralize and address high-conflict parenting so the best interests of the child are adequately protected.
Parallel Parenting
Judges want to avoid exposing a child to unnecessary conflict between parents that is likely to leave the child with psychological harm, and the most direct method of minimizing how often parents can engage in arguments with one another is to limit often parents must see one another for custody-related reasons. Typically, the law wants to encourage and facilitate frequent and meaningful contact with both parents, which requires parents to cooperate and communicate on a regular basis. However, when parents, instead, routinely engage in behavior that puts the child’s well-being at risk, such as chronic mistrust and an inability to cooperate or communicate, a court can order a more restrictive type of parenting plan until the situation is under control. Called parallel parenting, this plan is designed to minimize or eliminate contact between parents, which means joint parenting is not a realistic option, and one parent commonly has sole legal custody (decision-making), and parenting time with the non-custodial parent is reduced. These parenting plans are not meant to be permanent, and counseling for the family is a common condition in these situations. Further, hearings on whether the parenting plan should be modified, continued or ended must occur at least every 180 days to see if progress is being made, or if alternatives should be considered.
Parenting Coordinator
When parents continuously have disputes that affect their ability to parent, a court may also order the involvement of a parenting coordinator to offer a child-focused dispute resolution approach. Parenting coordinators seeking to help high-conflict parents understand the need to focus on the best interests of the child, and how to best address the child’s needs, over the desires of the parents to fight with one another. The authority and duties of the parenting coordinator are set by the court, and the coordinator is typically instructed to help the parties reach an amicable agreement about parenting duties that is then submitted to the court for its consideration. If the parties do not agree with the parenting coordinator’s approach, the coordinator can still submit his or her own report to the judge, and the court has three options to respond:
- If immediate action is needed, temporarily adopt the recommendations, though a party can object, and a hearing will be scheduled;
- Reject the recommendations in whole or in part; or
- Take no immediate action.
Get Legal Advice
Compromising for the sake of a child is difficult in some situations, but usually necessary for the child’s overall health. Working with a family law attorney experienced with both litigation and less adversarial resolution methods may give you more options to resolve disagreements without protracted conflict. Christopher L. Arrington, P.C. understand how important your children are, and will provide an approach that will best promote your goals and protect your family’s interests. Contact the Danville law firm to schedule an appointment.